Summary: What is Domestic Violence Leave in Alberta?
Domestic violence leave in Alberta is a job-protected, unpaid leave of absence that allows employees to address situations of violence in the home.
Under the Employment Standards Code, eligible employees are entitled to take up to 10 days of leave per calendar year to seek medical care, obtain counseling, relocate, or pursue legal assistance.
Safety and Job Security Come First.
Leaving an abusive situation or managing the aftermath of violence is a profound challenge. In Alberta, the law provides a safety net to ensure that survivors do not have to choose between their safety and their livelihood. Understanding domestic violence leave alberta rules helps employees access the time they need to protect themselves and their families.
On This Page:
Who is Eligible?
What is Covered?
Approved Purposes
Notice & Confidentiality
Job Protection
Alberta Support Resources
Who is Eligible for Domestic Violence Leave?
To qualify for alberta domestic violence leave, an employee must have been employed by the same employer for at least 90 consecutive days. This protection applies to both full-time and part-time workers. An employee is eligible if an act of domestic violence occurs to:
- The employee themselves.
- The employee’s dependent child.
- A protected adult (such as an assisted or supported adult) who lives with the employee.
What Counts as Domestic Violence?
Under Alberta law, domestic violence must be caused by someone with whom the employee has or had a specific relationship, including a spouse, an intimate partner, or someone they are dating. Domestic violence leave alberta covers acts such as:
- Physical injury or property damage intended to intimidate.
- Threats that create a reasonable fear of injury or damage.
- Psychological or emotional abuse.
- Forced confinement or stalking.
- Coerced sexual contact.
Approved Purposes for Taking Leave
Employees can utilize their 10 days of leave for specific reasons related to the violence, including:
- Seeking medical attention for physical or psychological injuries.
- Obtaining services from victim services organizations.
- Accessing psychological or professional counseling.
- Relocating (temporarily or permanently) to ensure safety.
- Seeking legal or law enforcement assistance, including preparing for or attending court proceedings.
Notice and Confidentiality Requirements
An employee must provide notice to their employer as soon as is reasonable and practicable before taking the leave. While an employer can ask for documentation to support the leave, they must maintain strict confidentiality regarding all information shared. This information should only be used for the purpose of granting the leave unless required by law or to protect workplace safety.
Job Protection and Return to Work
It is illegal for an employer to fire, lay off, or penalize an employee for requesting or taking alberta domestic violence leave — also known as a reprisal or retaliation. Upon returning from leave, the employee must be reinstated in the same position or a comparable one with no loss of wages or benefits. The time spent on leave is also counted toward the employee’s total years of service.
Consult an Employment Lawyer
Your safety is the priority, and your job should never be at risk while you seek it. If you have been denied domestic violence leave alberta or have faced a reprisal for taking the time you need, the Alberta employment law team at Samfiru Tumarkin LLP will fight to protect your rights and your livelihood.
Support and Resources in Alberta
If you are in immediate danger, please call 911. For support and information on services in your area, you can access the following resources:
- Family Violence Info Line: Call or text 310-1818 (24/7, toll-free in Alberta).
- Alberta Council of Women’s Shelters (ACWS): Visit acws.ca to find a shelter or outreach service.